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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9151 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  2d Session
                                H. R. 9151

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 4, 2024

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
  To strengthen the Department of Justice's enforcement against trade-
                            related crimes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting American Industry and 
Labor from International Trade Crimes Act of 2024''.

SEC. 2. TRADE-RELATED CRIMES DEFINED.

    In this Act, the term ``trade-related crimes'' shall be defined as 
violations of law that are implicated by criminal activities in 
furtherance of the evasion of duties, tariffs, and other import- and 
export-related fees, import and export restrictions, or requirements 
imposed by the Tariff Act of 1930, the Trade Expansion Act of 1962, the 
Trade Act of 1974, or the Countering America's Adversaries Through 
Sanctions Act, as well as all other laws and regulations involving 
criminal activities relating to United States imports and exports, 
trade-based money laundering, and smuggling.

SEC. 3. ESTABLISHMENT OF NEW STRUCTURE TO PROSECUTE INTERNATIONAL TRADE 
              CRIMES.

    (a) In General.--A task force, named program, or other similar 
structure to investigate and prosecute trade-related crimes, with 
particular emphasis on violations of the statutes enumerated in section 
4(a)(2), shall be established within the Criminal Division of the 
Department of Justice not later than 120 days after the date on which 
appropriations are made available to carry out this Act, and 
coordinated by a supervisory criminal trial attorney selected by the 
Assistant Attorney General of the Criminal Division or other official 
designated by the Attorney General.
    (b) Implementation.--To support this effort, the Attorney General 
shall--
            (1) create within the Criminal Division of the Department 
        of Justice new positions for criminal trial attorneys and 
        associated support personnel responsible for leading and 
        coordinating trade-related crime investigations and cases, 
        including those that may significantly impact more than one 
        district;
            (2) ensure that experienced and technically qualified 
        criminal prosecutors support the effort; and
            (3) promote and ensure effective interaction with law 
        enforcement, industry representatives, and the public in 
        matters relating to trade-related crimes.

SEC. 4. DUTIES AND FUNCTIONS OF NEW TRADE CRIMES STRUCTURE.

    (a) In General.--Through the efforts of the task force, named 
program, or other structure identified in section 3(a), the Attorney 
General shall accomplish each of the following:
            (1) Increase the capabilities and capacity of the Criminal 
        Division of the Department of Justice to prosecute trade-
        related crimes.
            (2) Increase the number of trade-related crimes being 
        investigated and prosecuted, including pursuant to health, 
        safety, financial, and economic trade-related crimes, 
        including--
                    (A) section 305 of title 13, United States Code;
                    (B) section 15 or 16 of the Toxic Substances 
                Control Act (15 U.S.C. 2614 or 2615);
                    (C) section 371 of title 18, United States Code;
                    (D) section 541 of title 18, United States Code;
                    (E) section 542 of title 18, United States Code;
                    (F) section 543 of title 18, United States Code;
                    (G) section 545 of title 18, United States Code;
                    (H) section 546 of title 18, United States Code;
                    (I) section 554 of title 18, United States Code;
                    (J) section 1001 of title 18, United States Code;
                    (K) section 1341 of title 18, United States Code;
                    (L) section 1343 of title 18, United States Code;
                    (M) section 1349 of title 18, United States Code;
                    (N) section 1956 of title 18, United States Code;
                    (O) section 1957 of title 18, United States Code;
                    (P) section 2320 of title 18, United States Code; 
                and
                    (Q) section 301 of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 331).
        For the purposes of this Act, this list does not include 
        violations of national security-related laws and regulations, 
        including the Arms Export Control Act (22 U.S.C. 2771 et seq.), 
        International Emergency Economic Powers Act (50 U.S.C. 1701 et 
        seq.), Export Control and Reform Act (50 U.S.C. 4801 et seq.), 
        and the Trading with the Enemy Act (50 U.S.C. 4305(b)).
            (3) Participate in basic and advanced training events with 
        Homeland Security Investigations, U.S. Customs and Border 
        Protection, and other Federal agencies and provide technical 
        assistance, where appropriate, to Homeland Security 
        Investigations, U.S. Customs and Border Protection, and other 
        Federal agencies with respect to the investigation and 
        prosecution of trade-related crimes.
            (4) Develop multi-jurisdictional responses and partnerships 
        with respect to trade-related crimes through informational, 
        administrative, and technological support to other Federal 
        agencies and agencies of countries that are trading partners of 
        the United States, as a means for such agencies to acquire the 
        necessary knowledge, personnel, and specialized equipment to 
        investigate and prosecute trade-related crimes.
            (5) Participate in nationally coordinated investigations in 
        any case in which the Attorney General determines such 
        participation to be necessary, as permitted by the available 
        resources of the Department of Justice.
            (6) Ensure that all components that enforce laws against 
        trade-related crimes regularly consult with each other.
    (b) Absence of Exclusion of Pursuing Other Remedies.--Litigation by 
the Criminal Division of the Department of Justice shall not preclude 
additional criminal prosecution or civil action against trade-related 
violations. Nothing in this Act shall prevent the Criminal Division, 
Civil Division, and other Department of Justice components from 
pursuing enforcement action where appropriate.

SEC. 5. ANNUAL REPORT TO CONGRESS.

    The Attorney General, in consultation with the Secretary of 
Homeland Security, shall submit to the Committee on the Judiciary, 
Committee on Ways and Means, and Committee on Financial Services of the 
House of Representatives, and the Committee on the Judiciary and 
Committee on Finance of the Senate a report on the work of the 
Department of Justice with respect to investigation and enforcement of 
trade-related crimes. Specifically, the report shall--
            (1) be submitted not later than one year after the date of 
        the enactment of this Act, and annually thereafter, not later 
        than February 1 of each year that begins after the submission 
        of the first report;
            (2) include annual statistics on the volume of publicly 
        charged trade-related crimes and indictments;
            (3) include a summary on how the funds appropriated for 
        trade-related crimes were utilized in the prior reporting 
        period, including staff and operating expenses; and
            (4) provide an estimate of any additional funding needed to 
        combat trade-related crimes.

            Passed the House of Representatives December 3, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.
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